(a) Composition of Record on Appeal. The following items constitute the record on appeal:

(1) the original papers and exhibits filed in the district court;

(2) two copies of the transcript, if any; and

(3) a certified copy of the docket entries prepared by the clerk of district court.

(b) Order for Transcript of Proceeding.

(1) Appellant's Duty to Order. If an appeal is taken in a case in which an evidentiary
hearing was held, the appellant must order a transcript of the proceedings as follows:

(A) two copies of the transcript must be ordered for the supreme court;

(B) one copy of the transcript must be ordered for each unrepresented party and each party
separately represented;

(C) a complete transcript must be ordered, unless a stipulation is obtained from all affected
parties specifying the portions that are not required for the purposes of the appeal;

(D) a transcript of any record of jury voir dire is not required, unless specifically requested
by a party; and

(E) the order for a transcript, and a copy of the stipulation of excluded portions, if
applicable, must be filed with the clerk of district court with the notice of appeal.

(2) Information for Order. An order for a transcript must include the following information:

(A) the caption of the case;

(B) the date or dates of trial;

(C) the number of copies required; and

(D) the names and addresses of the parties to be served with copies.

(3) Unreasonable Refusal to Stipulate. If a party affected by the appeal unreasonably
refuses to stipulate to exclude from the transcript portions of the record not necessary to the
resolution of the issues raised by the appellant, the party proposing the stipulation may apply
to the district court for an order requiring the refusing party to pay for the unnecessary
portions of the transcript and reasonable attorney's fees for making the application.

(4) Clerk of District Court to Transmit Order. Within 3seven
days after an order for
transcript is filed, the clerk must transmit the order to the person designated by the district
court to prepare the transcript.

(c) Preparation of Transcript.

(1) Time for Furnishing Transcript. Within 50 days after the order for transcript is filed
with the clerk of district court, the person preparing the transcript must complete and file the
transcript with the supreme court clerk unless an extension of time is received under
subdivision (d).

(2) Submission of Transcript.

(A) The person preparing the transcript must serve and file the transcript as follows:

(i) a copy of the transcript must be served on each party designated in the order for
transcript;

(ii) proof of service of the transcript must be filed with the supreme court clerk;

(iii) two copies of the transcript must be filed with the supreme court clerk; and

(iv) an electronic copy of the transcript must be filed with, or the transcript must be
electronically transmitted to, the supreme court clerk. All electronic transcripts must contain
in a single file all the information contained in the paper transcript, including the cover, table
of contents, and certifications, in the same order as in the paper transcript. The electronic
transcript must include fixed line number and page numbers corresponding to those in the
paper transcript.

(B) In an appeal of the determination of an administrative agency, the agency must file an
electronic copy of the transcript or electronically transmit the transcript to the supreme court
clerk unless the agency certifies the transcript was not prepared on a computer or word
processor.

(3) Financial Arrangements. The appellant or a party obligated under paragraph (b)(3) to
pay transcription costs must provide advance payment for the estimated cost of preparing
the transcript, provided:

­the person preparing the transcript serves a written estimate of the cost and a
demand for
payment on the appellant within 1014 days after receipt of the order
for transcript; or

­the person preparing the transcript serves a written estimate of the cost and a
demand for
payment on a party obligated by court order to pay transcription costs within 1014 days after
receipt of the order.

If the person preparing the transcript fails to serve a timely written estimate and a timely
demand for payment, the right to demand advance payment is waived. Advance payment is
not required if transcription costs are to be paid by the state or an agency or subdivision of
the state. If the appellant or obligated party fails to make the advance payment within
1014
days after service of the demand, the person preparing the transcript may suspend
preparation of the transcript until paid.

(d) Extension of Time.

(1) Good Cause. If the person preparing the transcript is unable to complete and file the
transcript within 50 days after the order for transcript is filed, the district court for good
cause shown may extend the time for completion of the transcript.

If preparation of the transcript has been suspended for failure of any party to make a timely
advance payment upon demand, the district court for good cause shown by the party
responsible for the delay, may extend the time for completion of the transcript, on such terms
as the court may order.

(2) Request for Extension. A request for an extension of time must be made within the time
originally prescribed or within an extension previously granted for completion of the
transcript. A district court may not extend the time for more than 90 days from the date when
the first notice of appeal was filed. If the district court is without authority to grant the relief
sought or has denied a request for an extension of time, the supreme court may on motion
for good cause shown extend the time for completion of the transcript beyond the time
allowed or fixed. If a request for an extension of time has been previously denied, the
motion must set forth the denial and state the reasons for the denial, if any were given by the
district court.

(e) Form of Transcript. Each transcript must conform to the requirements of Rules 31(b)(2)
and 32 except as otherwise provided:

­ lines must be numbered on the left margin;

­ each page may not contain more than 27 lines or less than 25 lines;

­ the left margin may not be more than 1 3/4 inches wide;

­ the right margin may not be more than 3/8 inches wide;

­ each question and answer must begin on a new line;

­ an indentation for a new speaker or paragraph may not be more than 10 spaces from
the
left margin;

­ each volume must be indexed as to every witness and exhibit;

­ each page must be numbered consecutively;

­ the accuracy of the transcript must be certified by the person preparing the
transcript.

(f) Statement of Evidence When Proceedings Not Recorded or When Transcript
Unavailable. If a transcript of a hearing or trial is unavailable, the appellant may prepare a
statement of the evidence or proceedings from the best available means, including the
appellant's recollection. The statement must be served on the appellee, who may serve
objections or proposed amendments within 1014 days after being
served. The statement and
any objections or proposed amendments must then be submitted to the district court for
settlement and approval. As settled and approved, the statement must be filed with the
supreme court clerk by the appellant within 60 days after the notice of appeal is filed.

(g) Agreed Statement as Record on Appeal. In place of the record on appeal as defined in
subdivision (a) , the parties may prepare, sign, and submit to the district court a statement
of the case showing how the issues presented by the appeal arose and were decided in the
district court. The statement must set forth only those facts averred and proved or sought to
be proved that are essential to the supreme court's resolution of the issues. If the statement
is truthful, it, -- together with any additions that the district court may consider necessary to
a full presentation of the issues on appeal -- must be approved by the district court and must
then be certified to the supreme court as the record on appeal. The clerk of district court
must then send the statement to the supreme court within the time provided by Rule 11.

(h) Correction or Modification of Record.

(1) If any difference arises about whether the record truly discloses what occurred in the
district court, the difference must be submitted to and settled by the district court and the
record conformed accordingly.

(2) If anything material to either party is omitted from or misstated in the record by error
or accident, the omission or misstatement may be corrected and a supplemental record may
be certified and forwarded:

­ on stipulation of the parties; or

­ by the district court before or after the record has been forwarded.

The supreme court, on proper suggestion or of its own initiative, may direct that an
omission or misstatement be corrected, and, if necessary, that a supplemental record be
certified and transmitted. All other questions as to the form and content of the record must
be presented to the supreme court.EXPLANATORY NOTE

Rule 10 was amended, effective January 1, 1995. The amendment allows a transcript to be
prepared and certified from an electronic recording by someone other than the operator of
recording equipment or a court reporter.

Rule 10 was amended, effective March 1, 2003. The language and organization of the rule
were changed to make the rule more easily understandable and to make style and
terminology consistent throughout the rules.

Subdivisions (a) and (c) were amended, effective March 1, 2005, to require only two copies
of the transcript to be ordered and submitted to the supreme court.

Subdivision (b) was amended, effective March 1, 2004, to eliminate any requirement to
obtain a transcript of the voir dire record, unless such a transcript is specifically requested
by a party.

Subdivision (b) was amended, effective March 1, 2008, to require that a copy of the
transcript be ordered for each unrepresented party.

Paragraph (b)(4) was amended, effective ______________, to increase the time for a
clerk
to transmit the order for transcript from three to seven days.